§  73.9004   Compliance requirements for covered demodulator products: Marked
content.

   (a) A covered demodulator product shall not pass, or direct to be
   passed, marked content to any output except:

   (1) To an analog output;

   (2) To an 8-VSB, 16-VSB, 64-QAM or 256-QAM modulated output, provided
   that the broadcast flag is retained in the both the EIT and PMT;

   (3) To a digital output protected by an authorized digital output
   protection technology, in accordance with any applicable obligations
   established as a part of its approval pursuant to § 73.9008;

   (4) Where such covered demodulator product outputs, or directs to be
   output, such content to another product and such covered demodulator
   product exercises sole control (such as by using a cryptographic
   protocol), in compliance with the demodulator robustness requirements,
   over the access to such content in usable form in such other product;

   (5) Where such covered demodulator product outputs, or directs to be
   output, such content for the purpose of making a recording of such
   content pursuant to paragraph (b)(2) of this section, where such
   content is protected by the corresponding recording method; or

   (6) Where such covered demodulator product is incorporated into a
   computer product and passes, or directs to be passed, such content to
   an unprotected output operating in a mode compatible with the digital
   visual interface (DVI) Rev. 1.0 Specification as an image having the
   visual equivalent of no more than 350,000 pixels per frame (e.g., an
   image with resolution of 720 *480 pixels for a 4:3 (nonsquare pixel)
   aspect ratio), and 30 frames per second. Such an image may be attained
   by reducing resolution, such as by discarding, dithering or averaging
   pixels to obtain the specified value, and can be displayed using video
   processing techniques such as line doubling or sharpening to improve
   the perceived quality of the image.

   (b) A covered demodulator product shall not record or cause the
   recording of marked content in digital form unless such recording is
   made using one of the following methods:

   (1) A method that effectively and uniquely associates such recording
   with a single covered demodulator product (using a cryptographic
   protocol or other effective means) so that such recording cannot be
   accessed in usable form by another product except where the content of
   such recording is passed to another product as permitted under this
   subpart or

   (2) An authorized recording method in accordance with any applicable
   obligations established as a part of its approval pursuant to § 73.9008
   (provided that for recordings made on removable media, only authorized
   recording methods expressly approved pursuant to § 73.9008 for use in
   connection with removable media may be used).

   (c) Paragraph (b) of this section does not impose restrictions
   regarding the storage of marked content as a transitory image.

   (d) The requirements of this section shall become applicable on July 1,
   2005.